[Breaking] [Andhra HC Vs Jagan Govt] HC Orders CBI Inquiry Into Cases Registered For Defamatory Remarks Against Judiciary By YSRCP Leaders [Read Order]

In a strongly-worded Order, the Andhra Pradesh High Court on Monday (12th October) ordered CBI Inquiry into cases registered for defamatory remarks against Judiciary by YSRCP leaders.This order by the Bench of Justice Rakesh Kumar and Justice J. Uma Devi came days after Y. S. Jagan Mohan Reddy, the Chief Minister of Andhra Pradesh, wrote a complaint to the Chief Justice of India, S A Bobde, alleging that some High Court judges are attempting to protect the interests of the major opposition party, Telugu Desom Party, in politically sensitive matters.Notably, the Court, while expressing displeasure over the investigation by the State CID, directed the CBI to take over the probe into the alleged derogatory comments made by ruling YSR Congress leaders on social media against some judges and against the Judiciary as an entity.Notably, the order begins with the following words,"The petitioner, whose shoulder is heavily burdened with the responsibility of mainly protecting the right of a citizen guaranteed under Part III of the Constitution of India, is itself before this Court with inwardly pain due to indirect/direct attack on it by some of malefactors." (emphasis suplied)The Order further states,"Even some occupying high positions and Constitutional posts are not restraining themselves in committing the same mistake. Since the month of April, 2020, this Court has noticed that a new trend has developed in the State of Andhra Pradesh to abuse the High Court and its Judges on different sites of social media and even in the interviews given to electronic media." (emphasis suplied)The Order goes on to state,"It is true that under the provisions of the Contempt of Courts Act, 1971, in a case of willful disobedience/insult to the Court, one can be dealt with; but the fact remains that penal provisions under the Contempt of Courts Act are though enough to deter persons, who have some faith in the system; but not enough to deter such malefactors in making unwarranted allegations against the Judiciary or Judges." (emphasis suplied)The Court also notes in its order that the person occupying high posts are indulging in waging war against the judicial system in the State of Andhra Pradesh, and they are oblivious of the fact that even their entity exists since there is a democratic system in our country.Further, it has also been mentioned in the order that"In a Democratic State, if such war is initiated against the judicial system by persons holding high positions, certainly it will create unnecessary doubt in the mind of the citizens against the judicial system, which may cripple the entire system." (emphasis suplied)The Matter taken up by the CourtThe petitioner, i.e., High Court of Andhra Pradesh, at Amaravati, taking a decision on the administrative side, preferred to invoke the writ jurisdiction under Article 226 of the Constitution of India, primarily with a view to protect its entity from the attack of some of the antisocial elements in the StateThe Court noted that even after filing of the two complaints by the Registrar General of High Court of Andhra Pradesh; one on 16.04.2020 and another complaint, dated 17.04.2020, culminating to the registration of two Crimes, vide Crime No.16 of 2020 and Crime No.17 of 2020 registered for the offences under Sections 505 (2) and 506 of the Indian Penal Code, 1860, instead of a decline in posting defamatory posts on social media, it started increasing.Earlier instancesThe Court notes in its order that earlier, two complaints were filed on noticing defamatory posting against one of the Hon'ble Judges of this Court, which was posted by one of the alleged accused, namely, Kondareddydhanireddy, YSRCP.Almost, in the same context, again on 17.04.2020, a written report was submitted under the signature of the Registrar General to the Superintendent of Police, Cyber Crimes, CID, disclosing cognizable offences against the accused persons on an allegation of posting on social media.Further, the Court notes, on 22.05.2020, different Benches of this Court had passed different orders in Suo Moto PIL 124 of 2020, WP(PIL) 110 of 2020, WP(PIL) No.101 of 2020, WP(PIL) 177 of 2019, WP(PIL) 183 of 2019 and WP No.8185 of 2020, which were passed against the orders and actions of the State Government and its functionaries.Immediately thereafter, the Court remarks, the social media was flooded with objectionable posts. Even the persons occupying high position went to the media and gave interviews against the High Court and its Judges, that too, from the party office belonging to a political party, which is in power.Accordingly, this was the reason for filing written report/complaint by the Registrar General for registering of FIR.On the directions of the High Court, its Registrar General lodged a complaint with the CID giving names and related evidence but the state police wing reportedly booked only nine people.Submissions before the CourtAshwini Kumar's submission (counsel for the petitioner) - By...

[Breaking] [Andhra HC Vs Jagan Govt] HC Orders CBI Inquiry Into Cases Registered For Defamatory Remarks Against Judiciary By YSRCP Leaders [Read Order]

Sparsh Upadhyay

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